If inherent risk you cannot be liable does not

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If inherent risk, YOU CANNOT BE LIABLE!!!!!!!!!!!!
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Does not include in situations where you have a duty to warn P of inherent risk 3. ILLEGALITY (will entirely exonerate D) Illegality works by getting discarding or discharging a duty of care Arises in situations where the Plaintiff was engaged in a form of illegal enterprise at the time the incident occurred. Italiano v Barbaro Facts: Car accident while two men were trying to look for a spot to fake an accident Held: Does a duty of care arise at the relevant time in which the party to the conspiracy, D, rowards another party jointly involved with him in the conspiracy (P) whilst unsing car in furtherance of the conspiracy by driving around seeking to find a place to partake the ‘accident’ * Where the parties entered into the conspiracy and set out together in the car to fulfil the engagement of it, they established a special relationship which did not give rise to a relevant duty of care. CL, the High Court has held that participation in an illegal activity is not a bar to recovery to negligence. Jaclson v Harrison 1978 Facts: Disqualified driver obtained a car through deceit and P passenger was injured through the negligence of the defendant driver. Court held party to D’s crime, as knew D driving wihtout license and nevertheless chose to drive with D. Majoriy held illegality not a defence and duty of care still owed. Used fall back test as standard of care still determined without having to take in illegal behaviour Court allowes a recovery fixing a standard of care despite illegal conduct The court could fix a standard as it could be done without taking into account the illegal activity. However if the P’s injury had been caused by the negligence of the defendant during a bank robbery, no standard of care could be established, as courts will not entertain establishing the standard to which a reasonable bank robber should perform. The court will take into account the seriousness of the illegality Henwood v Municipal Tramways Trust (south Australia) Facts: P’s son was killed while vomiting out the window of the tram. Leaning out a window was a breach of bylaw. Held: HC held that the boy acting illegally did not constitute a defence to P’s negligent action * Dixon and McTiernen: In every case the question must be whether is a part of the purpose of the law against which the plaintiff has offended to disentitle a
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person doing the provifited act from complaining of the other party’s neglect or default, without which his own act would not have resulted in injury. JOINT ILLEGAL ENTERPRISE Gala v Preson 1991 Facts: Get drunk and steal a car together. P injured by D driving. Given both acting illegally at the time, did D owe P a duty of care?
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